Concepts/Things I Keep Forgetting

Question 1

Unilateral Contract

Answer 1

Promise for reward

Question 2

Bilateral Contract

Answer 2

Promise for Promise.

Question 3

Common Law Burglary

Answer 3

Breaking in at night with intent to steal

Question 4

Common law Larceny

Answer 4

Actually stealing property of another.

Question 5

Can someone be guilty of both burglary and larceny?

Answer 5

Yes.
- If they broke in with intent to steal, burglary elements are satisfied.
- If they then steal something from the property, then the larceny requirements are met.

Question 6

13th Amendment

Question 7

Equal Protection Clause of the 14th Amendment

Question 8

15th Amendment

Question 9

Language indicating which recording statute is present?

Question 10

Truth as an Affirmative Defense

Answer 10

Truth is a defense to defamation claims.

Can’t defame someone using false information if the information isn’t actually false.

Question 11

Covenant of Seisin

Answer 11

Seller promises they legally own the property, possess it, and have the full right to convey it.

Question 12

Covenants conveyed in a warranty deed

Answer 12

Covenant
(1) of seisin
(2) of the right to convey
(3) against encumbrances
(4) of quiet enjoyment
(5) of warranty
(6) of further assurances.

Question 13

Which covenants run with land and which are personal?

Question 14

Can unrelated claims be joined to satisfy the amount in controversy requirement?

Answer 14

Yes. But only by the same plaintiff against the same defendant.

Question 15

Types of Jurisdiction (personal, subject matter <fed>) and their requirements.</fed>

Answer 15

Personal. Minimum contacts. Is it fair for them to be here?

Subject matter:
• fed question (fed claim must be pleaded in complaint)
• diversity jdx ($75k+, all plaintiffs diverse from all defendants)

Question 16

Elements of an Offer

Answer 16

1. Manifestation of intent to be bound
2. Definite and certain terms
3. Communicated to an identified offeree

Question 17

Definition of Negligence

Answer 17

Negligence is acting unreasonably in the face of foreseeable risk.

Question 18

Negligence per se

Answer 18

Violation of a statute will establish negligence per se
- if the statute was designed to protect against the risk that led to plaintiff’s harm.

Question 19

Ex Post Facto Clause of the Constitution

Answer 19

Prevents enactment of ex post facto laws (laws that have a retroactive effect).

Question 20

Strict Scrutiny

Answer 20

Narrowly tailored
Compelling gov. interest

applies when fundamental right or suspect class (race, religion, national origin) affected.

Question 21

Intermediate Scrutiny

Answer 21

Substantially related
Important gov. interest

Applies in equal protection challenges for gender classifications, illegitimacy, sexual orientation matters, and content-neutral speech regulation.

Question 22

Rational Basis

Answer 22

Rationally related to a
Legitimate gov. interest

Question 23

Most important contract term under UCC

Answer 23

Quantity

Question 24

Right to a jury trial

Answer 24

Criminal case: always

Civil:
- always for federal when $ sought.

• CA always for civil.
• other states vary.

Question 25

UCC: Extra terms in contract acceptance when both parties are merchants

Answer 25

Any extra terms in acceptance become part of contract unless objected to within a reasonable time.

Question 26

Electronic surveillance constitutes a search?

Answer 26

Any form of electronic surveillance that violates a reasonable expectation of privacy = search.

Question 27

Grantor-Grantee Index

Answer 27

Tool used by most counties to record transferring of property ownership.

Question 28

Congress power over Washington DC?

Answer 28

Congress has exclusive power over DC.

Question 29

Issue Preclusion

Answer 29

May be permitted where - the precise issue was actually litigated in a prior action - by a party against whom issue preclusion is being asserted, - and the issue was essential to the decision of that prior lawsuit.

Question 30

Laches (defense)

Answer 30

Equitable, affirmative defense used to bar a claim when plaintiff has unreasonably and inexcusably delayed in bringing lawsuit.

Question 31

3 Elements of Laches

Answer 31

(1) plaintiff knew of their rights to sue (2) unreasonable and inexcusable delay in asserting claim. (3) delay resulted in material prejudice to defendant.

Question 32

Impracticability (contracts defense)

Answer 32

Impracticability found when party under a duty to perform has encountered - extreme and unreasonable difficulty and - expenses that were not anticipated. Must show nonoccurrence was a basic assumption of the contract under the UCC.

Question 33

Requirements for specific performance as a contract remedy

Answer 33

(1) inadequate legal remedy (2) definite and certain contract terms (3) feasibility (4) mutuality of performance possible (5) plaintiff has satisfied their obligations under contract.

Question 34

Liquidated damages clause providing for liquidated or actual damages

Answer 34

Not allowed. Would be deemed void.

Question 35

Preliminary injunction (remedies)

Answer 35

Granted after notice and a hearing but before trial or full evidentiary hearing. Only granted if (1) defendant has notice of hearing (2) plaintiff shows likelihood of success on merits (3) irreparable injury to plaintiff absent injunction (4) hardships balance in plaintiff's favor Needs all 4.

Question 36

Permanent Injunction (remedies)

Answer 36

Only issued after full evidentiary hearing and defendant is given notice. Court weighs these factors: (1) inadequacy of legal remedy (2) protectable interest (property right) (3) feasibility of enforcement (4) balancing (does hardship tip more towards defendant?)

Question 37

What remedy is available for an individual bringing a public nuisance action on his own behalf?

Answer 37

ONLY damages.

Question 38

Judgment in an FRCP 23(b)(2) class action is binding upon who?

Answer 38

The entire class.

Question 39

What does the 15th Amendment do?

Answer 39

Prevents state and fed. gov. from denying citizens the right to vote on account of race or color.

Question 40

What is the duty of a tenant for years regarding repairs of the leased property?

Answer 40

Tenant for years is legally bound to - make ordinary repairs - as necessary - to avoid serious injury to the property.

Question 41

Larceny by trick vs. False Pretenses

Answer 41

Larceny by trick: - lie to obtain POSSESSION. False pretenses: - lie to obtain TITLE.

Question 42

Burglary is an intent crime. What intent is required?

Answer 42

Intent to commit larceny or a felony.

Question 43

Common law burglary

Answer 43

(1) breaking into a *dwelling* (2) at night (3) with intent to steal its contents.

Question 44

Is someone who encourages another to commit a crime liable as an accessory?

Answer 44

Yes, if they encourage with the intent that a crime will be committed.

Question 45

Does Double Jeopardy prevent prosecution by 2 separate sovereigns for crimes arising from the same transaction?

Answer 45

No. Does NOT prevent prosecution by 2 separate sovereigns.

Question 46

Dying declaration exception to hearsay

Answer 46

Person must believe they were dying when statement was made. Person must be unavailable as a witness.